Vehicle sold at auction for unpaid fine

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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Iceblue
Posts: 1
Joined: 28 Sep 2024 13:35

Vehicle sold at auction for unpaid fine

Post by Iceblue »

Hello,

I would like some advice please.

I received a PCN from the council in June 2023 which i appealed and was told it could take up to 2 months for a decision.
For the last 9 months i've been dealing with health and other personal family issues and been away for most of the time.
I travelled out of the country and was away for about 6 weeks only to return and discover that my vehicle had been towed away by bailiffs - Marston specifically and subsequently auctioned for sale for non-payment of the PCN.

I contacted the police when i discovered my vehicle missing and was told that the vehicle was towed away by Marston on the 21st August 2024.
I contacted Marston who stated that the vehicle had been sold at auction on the 18th of Sept 2024 for non payment of the PCN.
They also claimed that they turned up at my property earlier in January and spoke to someone about the PCN. This is a lie as I certainly didn't speak to any bailiff and had no idea that they were even involved.
Marston claim that the vehicle was legally sold and that they were given only £300 after fees??

With all the other personal issues i was dealing with, I didn't follow up with the PCN with the Council and assumed it had been resolved so this is really quite a shock. I contacted the Police again who stated that this is a civil case and I need to seek advise on it.

Is it legal that bailiffs are allowed to do this and in my absence?
I was physically out of the country when all this happened so they cannot lie about contacting me.
How is it possible that they can simply seize a vehicle and auction it without any correspondence with the owner?

I would appreciate any advise on how do deal with this pls and if there is any way to get my vehicle back.

Thanks
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Vehicle sold at auction for unpaid fine

Post by zeke »

Since you were away on a trip, gathering your travel documents to confirm your absence is essential. This evidence demonstrates that the bailiffs did not provide you with a Statutory Notice of Enforcement, invalidating their enforcement actions and any associated fees and charges.

It's important to remember that you are entitled to seek recovery for the loss of your vehicle. This includes its replacement cost (covering wasted insurance, tax, and related expenses) and a daily rate for the unlawful deprivation of its use.

To proceed, it's important to identify the council the bailiffs represented. Once you have this information, compile your travel dates and approach them with a clear request to either return your vehicle or compensate you for its replacement cost along with an amount for damages.

The council can reclaim your payout from Marston, as they secure indemnity insurance before engaging in outsourced enforcement activities.

Begin by identifying the PCN number, which indicates the council for which the bailiff was acting. Next, gather your travel dates and assess whether any other enforcement breaches have occurred. This information will strengthen your claim significantly.

Here is a checklist: https://www.nationalbailiffadvice.uk/Ba ... Sheet.html

Fill out Form V888 with the DVLA and give the new keeper a shout to grab that invoice showing what they paid for your car. If their figure doesn't match Marston’s tall tale, you could have a juicy case under the Fraud Act—not your average civil spat!
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